Brief on the Merits

Texas Rules of Appellate Procedure

Rule: 70

Jurisdiction: TX

Bluebook Citation: Tex. R. App. P. 70

71.3. Briefs 70.1. Initial Brief If review is granted, the petitioner — or, if there was no petition, the party who lost in the court of appeals — must file a brief within 30 days after review is granted. 70.2. Respondent’s Brief The opposing party must file a brief within 30 days after the petitioner's brief is filed. 70.3. Brief Contents and Form Briefs in a direct appeal should be prepared and filed in accordance with Rules 9 and 38, except that the brief need not contain an appendix (Rule 38.1(k)). All briefs must be filed in the Court of Criminal Appeals. The brief must include a short statement of why oral argument would be helpful, or a statement that oral argument is waived. 71.4. Additional Briefs Upon motion by a party the Court may permit the filing of additional briefs other than those provided for in Rule 38. Notes and Comments 91 Comment to 1997 change: This is former Rule 210. The rule is extended to all direct appeals. A page limit is added for death penalty cases. Other nonsubstantive changes are made. Comment to 2002 change: A requirement that briefs include a statement regarding oral argument is added.

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